Fifth Third Bancorp v. Dudenhoeffer

Fifth Third Bancorp v. Dudenhoeffer
Supreme Court of the United States
Argued 2 April, 2014
Decided 25 June, 2014
Full case nameFifth Third Bancorp v. Dudenhoeffer
Docket no.12-751
Citations573 U.S. 409 (more)
134 S. Ct. 2459; 189 L. Ed. 2d 457
Holding
There is no statutory basis for a 'presumption of prudence' test under ERISA. ESOP fiduciaries share the same duty of care as non-ESOP fiduciaries.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinion
MajorityBreyer, joined by unanimous
Laws applied
Employee Retirement Income Security Act of 1974

Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), was a United States Supreme Court case in which the court found Employee stockownership (ESOP) fiduciaries have the same prudential duties as non-ESOP fiduciaries, as set by ERISA, except that they are not required to diversify their investments beyond shares of the employer's stock.[1][2]

  1. ^ "Fifth Third Bancorp v. Dudenhoeffer". Oyez. September 30, 2017. Retrieved September 30, 2017.
  2. ^ "Fifth Third Bancorp v. Dudenhoeffer". SCOTUS Blog. Retrieved September 30, 2017.